WHITESIDE v. U.S.

Attorney(s) appearing for the Case

ARGUED: Ann Loraine Hester , Federal Defenders of Western North Carolina, Inc., Charlotte, North Carolina, for Appellant. Amy Elizabeth Ray , Office of the United States Attorney, Asheville, North Carolina, for Appellee. ON BRIEF: Henderson Hill , Executive Director, Federal Defenders of Western North Carolina, Inc., Charlotte, North Carolina, for Appellant. Anne M. Tompkins , United States Attorney, Office of the United States Attorney, Charlotte, North Carolina, for Appellee.

Affirmed by published opinion. Judge WILKINSON wrote the opinion, in which Chief Judge TRAXLER, and Judges NIEMEYER, MOTZ, KING, SHEDD, DUNCAN, AGEE, KEENAN, FLOYD, THACKER and HARRIS joined. Judge GREGORY wrote a dissenting opinion, in which Senior Judge DAVIS joined. Judge WYNN wrote a dissenting opinion. Judge DIAZ did not participate in this decision.